(1) An employer,
employees, or their representatives may request changes to variances in writing
as follows:
(a) For a permanent variance only
after it has been in effect for at least six months.
(b) For a temporary variance, only when
renewing it.
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Notes:
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1. After six months, DOSH may initiate changes to a
variance if warranted.
2. Employers can decide at any t follow the original
requirement, instead of the requested variance.
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What to expect from DOSH:
(2) A review of your request to
change a variance. If more information is needed to make a decision, DOSH may:
(a) Contact the employer or others who may
have the needed information.
(b)
Visit the workplace after contacting you to make arrangements.
(c) Deny the request for a change if
information needed to make a decision is not provided.
(3) A decision at least 21 calendar days from
when the request was posted for employees.
The 21-day period allows employees time to request a hearing on
the request to change a variance. See Variance hearings, WAC
296-900-11025.
(4) A written decision either granting or
denying the change in variance.
(a) If
granted, the written decision will include all of the
following:
(i) The requirements for which the
variance applies.
(ii) The
locations for which the variance
applies.
(iii) What the employer
must do as an alternative means of protecting employees.
(iv) The effective date of the change in
variance.
(v) An expiration date of
the variance, if applicable.
(vi)
The requirement to post the decision.
(b) If denied, the written decision will
include:
(i) A brief statement with reasons
for the denial.
(ii) The requirement
to post the decision.
Notes
Wash. Admin. Code §
296-900-11020
Amended by
WSR
17-18-075, Filed 9/5/2017, effective
10/6/2017
Amended by
WSR
25-03-091, Filed 1/16/2025, effective
2/17/2025
Statutory Authority:
RCW
49.17.010,
49.17.040,
49.17.050,
49.17.060. 06-06-020, §
296-900-11020, filed 2/21/06, effective
6/1/06.
